SALT LAKE CITY CORPORATION

THE DEPARTMENT OF PUBLIC UTILITIES

PROJECT MANUAL FOR CONSTRUCTION OF

Tanner Reservoir Valve Replacement

PROJECT NO. 513800052

FISCAL YEAR 2025-2026

ENGINEERING DIVISION

1805 W. 500 S.

SALT LAKE CITY, UTAH 84104

ERIN MENDENHALL

Mayor

City Council

DISTRICT 1 – VICTORIA PETRO-ESCHLER DISTRICT 5 – DARIN MANO

DISTRICT 2 – ALEJANDRO PUY DISTRICT 6 – DAN DUGAN

DISTRICT 3 – CHRIS WHARTON DISTRICT 7 – SARAH YOUNG

DISTRICT 4 – EVA LOPEZ CHAVEZ

LAURA BRIEFER

Director

JESSE STEWART

Deputy Director

JASON BROWN, P.E.

Chief Engineer

JASON DRAPER, P.E.

Chief Engineer

PRELIMINARY

ATTACHMENT A

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Revised November 15, 2019 Table of Contents

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T A B L E O F C O N T E N T S

Tanner Reservoir Valve Replacement

Project No. 513800052

Reference No. of

Number Title Pages

INTRODUCTORY INFORMATION

00 01 01 Project Title Page

00 01 07 Seals Page

00 01 10 Table of Contents

00 01 15 List of Drawing Sheets

BIDDING AND CONTRACTING REQUIREMENTS

00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 22 13 Supplementary Instructions to Bidders

00 22 16 Supplementary Instructions (BIPWP)

00 41 00 Bid Form

00 43 00 Bid Schedule

00 43 36 Proposed Subcontractor Form

00 43 37 Work Under Contract Report

00 43 38 Bidder Status Report

00 43 45 Qualified Health Insurance Certification Form

00 43 46 Work Environment Certification Form

00 52 00 Agreement

00 61 13 Performance Bond

00 61 14 Payment Bond

00 62 11 Submittal Transmittal Form

00 62 16 Certificate of Insurance

00 70 00 Federal Requirements

CONDITIONS OF THE CONTRACT

00 73 00 Special Provisions

00 73 10 Modifications to the General Conditions

00 73 15 Modifications to APWA Standard Plans

00 73 50 Requirements of the Department of Public Utilities

00 91 13 Addenda

00 01 10 - 2

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 14 00 Work Restrictions……………………………………………………………………….

01 31 13 Coordination

01 32 17 Baseline and Progress Schedules

01 33 00 Submittal Procedure

01 35 24 Contractors Certification of Compliance to Safety Plan

01 45 00 Quality Control

01 55 26 Traffic Control

01 57 00 Temporary Controls

01 58 00 Project Identification and Signs

01 67 00 Utility Materials

01 71 13 Mobilization and Demobilization

TECHNICAL DIVISIONS

02 EXISTING CONDITIONS

02 41 03 Selective Site Demolition

03 CONCRETE

03 10 00 Concrete Forming Accessories

03 20 00 Concrete Reinforcing

03 30 00 Cast-in-Place Concrete

09 FINISHES

09 96 00 High Performance Coatings

26 ELECTRICAL

26 00 00 Electrical General Requirements

26 05 02 Excavating Trenching and Backfilling

26 05 19 Power and Instrumentation Cable – Less Than 600V

26 05 26 Grounding and Bonding for Electrical Systems

26 05 34 Conduit

26 05 53 Identification for Electrical Systems

26 42 00 Galvanic Cathodic Protection

31 EARTHWORK

31 05 05 Sitework Demolition and Removal

31 11 00 Clearing and Grubbing

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31 14 13 Soil Stripping and Stockpiling

31 22 00 Grading

31 23 16 Excavation

31 23 19 Dewatering

31 23 23 Fill and Backfill

31 23 33 Trenching and Backfill

31 25 00 Erosion and Sedimentation Control

32 EXTERIOR IMPROVEMENTS

32 01 01 Pavement Removal, Repair, and Surfacing

32 11 23 Aggregates for Exterior Improvements

32 97 00 Restoration of Disturbed Areas

33 UTILITIES

33 05 26 Utility Identification

33 11 13 Steel Water Transmission Pipe

33 11 14 Ductile Iron Pipe and Fittings

33 13 00 Disinfection of Water Systems

33 13 10 Pipeline Pressure and Leakage Testing

40 PROCESS INTEGRATION

40 05 06 Couplings, Adapters, and Specials for Process Piping

40 05 06 Hangers and Supports for Process Piping

40 05 23 Stainless Steel Process Pipe and Tubing

40 05 31 Polyvinyl Chloride Process Pipe

40 05 57 Double Offset Butterfly Valves (Large Diameter)

40 05 58 Process Valves

40 05 97 Identification for Process Equipment

40 61 13 Process Control System General Requirements

40 63 13 Process Control Panels and Hardware

40 63 14 Junction Boxes and Control Stations

40 70 01 Instrumentation General Requirements

40 71 00 Flow Measurement

END OF DOCUMENT

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Federal Requirements

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DOCUMENT 00 70 00

FEDERAL REQUIREMENTS

PART 1 GENERAL

1.01 SUMMARY

A. This is a federally funded project. All bidders are required to take affirmative steps to assure compliance with special conditions set forth by the U.S. Environmental Protection

Agency (EPA). These conditions are in addition to all other bid requirements and are outlined in this Section. These regulations include compliance with regulations associated with, but not limited to Disadvantaged Business Enterprise, Equal Employment

Opportunity, American Iron and Steel Requirement, and Davis Bacon Prevailing Wage

Requirements.

B. The Bidder shall ensure, to the fullest extent possible, that at least the negotiated "Fair

Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment, or professional services are made available to minority and women owned or controlled organizations or businesses. The "Fair Share" objectives are as follows for each category of procurement:

Category

Professional Services

MBE

0.5%

WBE

0.5%

Supplies 0.25% 0.25%

Equipment 0.25% 0.25%

Construction 4.0% 2.0%

C. The BIDDER/CONTRACTOR agrees to include in its bid documents the "Fair Share" objectives and require all of its sub-contractors to include in their bid documents for sub-contracts the "Fair Share" objectives. The Bidder shall be prepared to provide documentation supporting compliance with these requirements. This documentation should include a log that lists dates and times of verbal, written, and faxed correspondence, telephone logs, a list of companies contacted and contact person with that company, notes of to whom bid packages were sent, responses from firms contacted, a list of bids or quotes received and which sub-bidders will be used, etc. If a MBE/WBE, which submitted a bid/quote was not selected, state the reason for not selecting them.

Upon request, after the bid opening and before the contract is awarded, the Bidder will provide all relevant information to the Owner [Borrower] who will provide the same information to the EPA.

D. Every BIDDER must sign the DBE “CERTIFICATION – SIGNATURE” page and

SUBMIT said page with his/her BID. If the BIDDER fails to submit the

“CERTIFICATION – SIGNATURE” page with his/her bid, the bid will be disqualified

00 70 00 - 2 by the EPA. If this occurs the Borrower will be required to select the next low bidder and the EPA will require that bidder to provide the above-described documentation.

E. To evaluate compliance with the "Fair Share" policy, the CONTRACTOR also agrees to comply with the following six affirmative steps:

1. Include all DBEs including: Small, Minority and Women Owned Businesses

(MBE/WBE) on solicitation lists.

2. Assure that DBEs are solicited whenever they are potential sources.

3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs.

4. Establish delivery schedules, when the requirements of the work will permit, which will encourage participation by DBEs.

5. Use the services of the Small Business Administration and the Minority Business

Development Agency of the United States Department of Commerce, as appropriate.

6. Require the Contractor to make the good faith efforts in subparagraphs “a” through “e” if the Contractor awards sub-agreements.

F. The Bidder shall submit EPA Form 5700-52A, “MBE/WBE Utilization under Federal

Grants, Cooperative Agreements, and Interagency Agreements" on a semi-annual basis based on the Federal Fiscal Year.

G. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

PART 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

UTILIZATION

2.01 GENERAL

A. This project includes federal financial assistance. The Contractor/Bidder is required to make good faith efforts with adequate documentation to include disadvantaged business enterprises (DBEs) as subcontractors or suppliers on this project. More detailed regulations are published under 40 CFR Part 33.

2.02 DBE CERTIFICATION

A. DBEs include minority business enterprises (MBEs) and women's business enterprises

(WBEs). MBEs and WBEs must be independently certified as such in order to participate as a DBE. Certification can be through the Utah Department of Transportation (UDOT) or other valid government or private organizations. UDOT maintains their list of certified

DBE firms on the internet at the following URL:

https://www.udot.utah.gov/connect/business/civil-rights/. You should review this internet page to get the most recent list of UDOT certified DBE firms. If a desired DBE is not

00 70 00 - 3 certified through UDOT, the DBE should submit a copy of their independent certification to UDOT for review. If a desired DBE does not currently have an independent DBE certification, they can contact EPA Region 8’s acting DBE coordinator, Lindsay Seeger at seeger.lindsay@epa.gov or (303) 312-6564 to obtain information on certification through EPA.

2.03 GOOD FAITH EFFORTS

A. The Contractor/Bidder shall make the following good faith efforts when soliciting contractors, subcontractors, or suppliers to procure construction, equipment, services, and supplies on this project:

1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, Local, and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.

2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by

DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by

DBEs in the competitive process.

4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

5. Use the services and assistance of the SBA and the Minority Business

Development Agency of the Department of Commerce.

6. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section.

7. Failure to comply with the six DBE Good Faith Efforts can be considered grounds for determining a bid to be non-responsive.

2.04 FAIR SHARE OBJECTIVE

A. DBE share objective percentages are set forth below. These are goals, not quotas. The requirement is that the Contractor/Bidder shall show and document good faith efforts to solicit DBE participation. The goals are:

MBE WBE

Construction 4.0% 2.0%

Equipment 0.25% 0.25%

Services 0.50% 0.50%

Supplies 0.25% 0.25%

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2.05 DOCUMENTATION FOR BIDDER TO SUBMIT WITH BID

A. Contractor/Bidder shall submit documentation with its bid to demonstrate compliance with good faith effort requirements. Examples of documentation include copies of advertisements in journals and newspapers, telephone logs, and/or direct correspondence.

The attached "Disadvantaged Business Enterprise Bidder Good Faith Effort

Documentation" form may be used as part of the documentation.

B. Contractor/Bidder shall submit with its bid a "bidders list" of all firms that provided

Contractor/Bidder a bid or quote on this project. The bidders list shall include both DBE and non-DBE bidders. Required information for each bidder includes 1) entity's name and point of contact, 2) entity's mailing address, telephone number, and e-mail address, 3) procurement on which entity bid or quoted and when, and 4) entity's status as a

MBE/WBE or non-DBE. Solicitations from non-DBEs can be included on the

"Disadvantaged Business Enterprise Bidder Good Faith Effort Documentation" form or separately on a similar form.

2.06 DOCUMENTATION FOR BIDDER TO SUBMIT WITH BID OR PROPOSAL PACKAGE

A. The DBE “Fair Share Objective” goals are listed on page 3 of this Section. All bidders must demonstrate compliance with the six DBE Good Faith Efforts and include documentation in the bid that records and certifies DBE solicitation efforts. All bidders must include this documentation with their sealed bid. An example of DBE solicitation effort documentation is shown on page 5 and 6 of this Section.

2.07 OTHER REQUIREMENTS AND INFORMATION

A. Contractor shall pay its subcontractors for satisfactory performance no more than 30 days from Contractor’s receipt of payment from Owner.

B. The Contractor shall notify the Owner in writing prior to any termination of a DBE subcontractor for Contractor's convenience.

C. If a DBE subcontractor fails to complete work under the subcontract for any reason, Contractor shall employ the six good faith efforts if soliciting a replacement subcontractor.

D. Contractor shall employ the six good faith efforts even if Contractor has achieved its fair share objectives.

E. Copies of DBE forms are also attached to this specification.

1. If a list of solicitations from non-DBE subcontractors is not included with the bid, it will be required to be submitted prior to the Award of Contract.

a. DBE Program Subcontractor Performance Form. This form captures an intended subcontractor’s description of work to be performed for the prime contractor and the price of the work submitted to the prime. This form is a documents of the Contractor’s Good Faith Effort from the

DBE’s perspective.

b. DBE Program Subcontractor Utilization Form. This form captures the prime’s intended use of an identified DBE subcontractor, and the

00 70 00 - 5 estimated dollar amount of the subcontract. This form is a documents of the Contractor’s Good Faith Effort from the Contractor’s perspective.

F. Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. Contractor shall carry out applicable requirements of 40

CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by Contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

2.08 DISADVANTAGED BUSINESS ENTERPRISE BIDDER GOOD FAITH EFFORT

DOCUMENTATION

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2.09 DBE PROCURMENT SEMI-ANNUAL REPORT

PART 3 EQUAL EMPLOYMENT OPPORTUNITY AND

AFFIRMATIVE ACTION REQUIREMENTS ON FEDERALLY

ASSISTED CONSTRUCTION CONTRACTS

3.01 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

A. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the

"Standard Federal Equal Employment Specifications" set forth herein.

B. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

1. Goal for female participation in each trade: 6.9%

2. Minority participation goals in each trade:

a. 12.6% for Beaver, Garifeld, Iron, Kane, Washington

b. 2.4% for Utah, Provo-Orem

c. 10.2% for Grand, San Juan

d. 6.0% for Davis, Salt Lake, Tooele, Weber, Salt Lake City - Ogden

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e. 5.1% for Boz Elder, Cache, Carbon, Daggett, Duchesne, Emery, Juab, Millard, Morgan, Piute, Rich, Sanpete, Sevier, Summit, Uintah, Wasatch, Wayne

3. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the

Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the

Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

4. The Contractor's compliance with the Executive Order and the regulations in 41

CFR Part 60-4 shall be based on its implementation of the Equal Opportunity

Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the

Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

C. The Contractor shall provide written notification to the Director of the Office of Federal

Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor;

estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. An example notification letter is available on the next page.

D. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Salt Lake County, Utah.

E. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of

$10,000 to be performed in geographical areas designated by the Director pursuant to 41

CFR 60-4.6.

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PART 4 EQUAL OPPORTUNITY CLAUSES

4.01 THE EQUAL OPPORTUNITY CLAUSE PUBLISHED AT 41 CFR 60-1.4(B) IS REQUIRED

TO BE INCLUDED IN, AND IS PART OF, ALL NONEXEMPT FEDERALLY ASSISTED

CONSTRUCTION CONTRACTS AND SUBCONTRACTS (INCLUDING THIS

CONTRACT). THE EQUAL OPPORTUNITY CLAUSE SHALL BE CONSIDERED TO BE A

PART OF EVERY CONTRACT AND SUBCONTRACT REQUIRED BY THE

REGULATIONS TO INCLUDE SUCH A CLAUSE, WHETHER OR NOT IT IS

PHYSICALLY INCORPORATED IN SUCH CONTRACTS. THE NOTICES REQUIRED TO

BE POSTED BY PARAGRAPHS (1) AND (3) OF THE EQUAL OPPORTUNITY CLAUSE

SHALL BE THE "EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW" POSTER

APPROVED BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

AND AVAILABLE ON THE INTERNET AT:

HTTPS://WWW1.EEOC.GOV/EMPLOYERS/POSTER.CFM

4.02 EQUAL OPPORTUNITY CLAUSE (41 CFR 60-1.4(B))

A. During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The

Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be

00 70 00 - 9 limited to the following: Employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the

Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive

Order 11246 of September 24, 1965, and by rules, regulations, and orders of the

Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the

Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order

11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of

Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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4.03 THE STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION

CONTRACT SPECIFICATIONS PUBLISHED AT 41 CFR 60-4.3(A) ARE REQUIRED TO BE

INCLUDED IN, AND ARE PART OF, ALL FEDERAL AND FEDERALLY ASSISTED

CONSTRUCTION CONTRACTS AND SUBCONTRACTS (INCLUDING THIS CONTRACT)

IN EXCESS OF $10,000 TO BE PERFORMED IN GEOGRAPHICAL AREAS DESIGNATED

BY THE DIRECTOR PURSUANT TO 41 CFR 60-4.6 AND IN CONSTRUCTION

SUBCONTRACTS IN EXCESS OF $10,000 NECESSARY IN WHOLE OR IN PART TO THE

PERFORMANCE OF NON-CONSTRUCTION FEDERAL CONTRACTS AND

SUBCONTRACTS COVERED UNDER EXECUTIVE ORDER 11246. THESE

SPECIFICATIONS SHALL BE CONSIDERED TO BE A PART OF EVERY CONTRACT

AND SUBCONTRACT REQUIRED BY THE REGULATIONS TO INCLUDE SUCH A

CLAUSE, WHETHER OR NOT IT IS PHYSICALLY INCORPORATED IN SUCH

CONTRACTS.

A. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) as used in these specifications:

1. "Covered Area" means the geographical area described in the solicitation from which this contract resulted;

2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

3. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department

Form 941.

4. "Minority" includes:

a. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South

American or other Spanish Culture or origin, regardless of race);

c. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

d. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

B. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

C. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, 00 70 00 - 11

(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.

Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

D. The Contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL

REGISTER in notice form, and such notices may be obtained from any Office of Federal

Contract Compliance Programs office or from Federal procurement contracting officers.

The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

F. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

G. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working

00 70 00 - 12 environment, with specific attention to minority or female individuals working at such sites or in such facilities.

2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

3. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the

Contractor may have taken.

4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the

Contractor has other information that the union referral process has impeded the

Contractor's efforts to meet its obligations.

5. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the

Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under (7)(b) above.

6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the

Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

7. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.

9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the

00 70 00 - 13

Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce.

11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the

EEO policy and the Contractor's obligations under these specifications are being carried out.

14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

16. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

H. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

I. A single goal for minorities and a separate single goal for women have been established.

The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, 00 70 00 - 14 both minority and non-minority. Consequently, the Contractor may be in violation of the

Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the

Contractor may be in violation of the Executive order if a specific minority group of women is under-utilized).

J. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

K. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246.

L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to

Executive Order 11246, as amended, and its implementing regulations, by the Office of

Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order

11246, as amended.

M. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

N. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

O. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public

Works Employment Act of 1977 and the Community Development Block Grant

Program).

00 70 00 - 15

PART 5 PROHIBITION AGAINST LISTED VIOLATING FACILITIES

5.01 REQUIREMENTS

A. To comply with all the requirements of section 114 of the Clean Air Act, as amended (42

U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water

Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and

00 70 00 - 16 section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.

B. That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing.

C. To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed.

D. To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract.

5.02 DEFINITIONS

A. Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).

B. Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.).

C. Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C.

1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air

Act (42 U.S.C. 1857c-7(d)).

D. Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.

1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317).

E. Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations.

F. Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area.

00 70 00 - 17

5.03 WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

5.04 AUTHORITY

A. The Contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970.

B. These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following:

1. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-

596;

2. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations;

3. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of

Title 29, Code of Federal Regulations.

5.05 SAFETY AND HEALTH PROGRAM REQUIREMENTS

A. This project, its prime Contractor and its subcontractors, shall at all times be governed by

Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health

Regulations for Construction (29 CFR 22801), as amended to date.

B. To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the

Owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory.

C. To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report.

D. The prime Contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the Owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the

Occupational Safety and Health Act of 1970.

E. This program shall become a part of the contract documents and the contract between the

Owner and prime Contractor, prime Contractor and all subcontractors, as though fully written therein.

5.06 ANTI-KICKBACKS

A. Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR, Part 3). This Act provides that Contractor is prohibited from inducing, by any means, any person employed

00 70 00 - 18 in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.

B. Contractor certifies and warrants that no gratuities, kickbacks and contingency fees were paid in connection with this contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this contract.

C. Contractor certifies that, to Contractor's knowledge, no state employee has any personal or beneficial interest whatsoever in the services described in this Contract.

D. No staff member of Contractor, compensated either partially or wholly with funds disbursed pursuant to the Contract, shall engage in any Contract or activity which would constitute a conflict of interest as related to this Contract.

PART 6 DISCOVERY OF ARCHAELOGOICAL AND OTHER

HISTORICAL ITEMS

6.01 IN THE EVENT OF AN ARCHAEOLOGICAL FIND DURING ANY PHASE OF

CONSTRUCTION, THE FOLLOWING PROCEDURE WILL BE FOLLOWED:

A. Construction shall be halted, with as little disruption to the archaeological site as possible.

B. Contractor shall notify Owner who shall contact the State Historic Preservation Officer.

C. The State Historic Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed.

D. The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds.

6.02 A SIMILAR PROCEDURE SHOULD BE FOLLOWED WITH REGARD TO MORE RECENT

HISTORICAL RESOURCES. SHOULD ANY ARTIFACTS, HOUSING SITES, ETC., BE

UNCOVERED, THE SAME PROCEDURE SHOULD BE FOLLOWED AS FOR AN

ARCHAEOLOGICAL FIND.

6.03 IN THE EVENT ARCHAEOLOGICAL/HISTORICAL DATA ARE EVALUATED TO MEET

NATIONAL REGISTER CRITERIA, THE ADVISORY COUNCIL ON HISTORIC

PRESERVATION MAY BE NOTIFIED AND ASKED TO COMMENT BY THE UTAH

STATE REVOLVING FUND PROGRAM.

00 70 00 - 19

PART 7 ACCESS

7.01 CONTRACTOR AND LOAN RECIPIENT SHALL INSURE THAT AUTHORIZED

REPRESENTATIVES OF THE UTAH DEQ, STATE HISTORIC PRESERVATION OFFICE,

US EPA, COMPTROLLER GENERAL, INSPECTOR GENERAL, AND OTHER

APPLICABLE FEDERAL AND STATE AGENCIES AND OFFICIALS WILL HAVE

ACCESS TO THE PROJECT WORK WHENEVER IT IS IN PREPARATION OR PROGRESS

AND SHALL PROVIDE PROPER FACILITIES FOR SUCH ACCESS AND INSPECTION.

CONTRACTOR SHALL ALLOW THESE REPRESENTATIVES TO HAVE ACCESS TO

ANY BOOKS, DOCUMENTS, PLANS, REPORTS, PAPERS, AND OTHER RECORDS OF

CONTRACTOR WHICH ARE PERTINENT TO THE PROJECT FOR THE PURPOSE OF

MAKING AUDIT, EXAMINATION, EXCERPTS, COPIES AND TRANSCRIPTIONS

THEREOF AND TO INTERVIEW ANY OFFICER OR EMPLOYEE. CONTRACTOR SHALL

INSURE THAT ALL SUBAGREEMENTS WILL ALSO AFFORD ACCESS TO SUCH

PROJECT WORK, SITES, DOCUMENTS, RECORDS, AND PERSONS.

PART 8 SITE EROSION AND SEDIMENT CONTROL MEASURES

8.01 EVERY EFFORT SHALL BE MADE BY CONTRACTOR AND SUBCONTRACTORS TO

PREVENT AND CORRECT PROBLEMS ASSOCIATED WITH EROSION AND RUNOFF

PROCESSES WHICH COULD OCCUR DURING AND AFTER PROJECT CONSTRUCTION.

THE EFFORTS SHOULD BE CONSISTENT WITH APPLICABLE LOCAL ORDINANCES

AND THE NONPOINT SOURCE POLLUTION CONTROL GUIDANCE. WHENEVER

APPROPRIATE, CONTRACTOR'S EFFORTS SHALL REFLECT THE FOLLOWING

ENGINEERING PRINCIPLES:

A. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures.

B. Whenever possible, topsoil should be removed and stockpiled before grading begins.

C. Land exposure should be minimized in terms of area and time.

D. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation.

E. Natural vegetation should be retained whenever feasible.

F. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential.

G. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible.

H. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with grading and clearing activity.

00 70 00 - 20

PART 9 UPDES CONSTRUCTION RELATED DISCHARGE PERMITS

9.01 CONSTRUCTION PROJECTS WHICH WILL DISTURB ONE OR MORE ACRES WILL

REQUIRE COVERAGE UNDER THE STATE OF UTAH GENERAL PERMIT FOR STORM

WATER DISCHARGES ASSOCIATED WITH LARGE CONSTRUCTION ACTIVITIES.

CONTRACTOR IS RESPONSIBLE FOR OBTAINING COVERAGE UNDER THE

APPROPRIATE PERMIT AND MAINTAINING COMPLIANCE UNTIL OWNER ACCEPTS

THE WORK AS COMPLETE. FOR ADDITIONAL INFORMATION SEE

HTTPS://DEQ.UTAH.GOV/WATER-QUALITY/STORM-WATER-PERMITS-UPDES-

PERMITS.

9.02 CERTAIN CONSTRUCTION ACTIVITIES SUCH AS DEWATERING, FLUSHING,

TESTING,…